4 TAC §19.101
The Texas Department of Agriculture ( the department) proposes
an amendment to §19.101, concerning quarantined areas. The amendment
to §19.101 is proposed to stop the artificial spread of Red Imported
Fire Ants out of currently infested areas of the state and adds Red River
County to the list of quarantined areas. Through survey efforts conducted
by the department, widespread infestations of Red Imported Fire Ants were
detected in Red River County.
David Kostroun, plant quality coordinator, has determined that for the
first five-year period the rule is in effect there will be an estimated $1,000
annual increased cost to state government due to: (1) the costs of inspecting
materials suspected to be contaminated with fire ants moving from the newly
quarantined county into nonquarantined areas; (2) the costs of issuing fire
ant compliance agreements; and (3) the costs of conducting training for landowners
regarding fire ant quarantine, biology, and habitat. There will be no fiscal
implications for local government as a result of enforcing or administering
the rule.
Mr. Kostroun also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to slow the introduction of imported fire ants into areas
of Texas that are currently not infested. The effect on small businesses
and to persons who are required to comply with the rule as proposed will
be an estimated cost of $16 per acre to chemically treat quarantined articles
prior to shipment to nonquarantined areas, except baled hay and baled straw,
for which there is no chemical treatment, shipped to nonquarantined areas.
Comments on the proposal may be submitted to David Kostroun, Coordinator,
Plant Quality Programs, P.O. Box 12847, Austin, Texas 78711. Comments must
be received no later than 30 days from the date of publication of the proposal
in the
Texas Register
.
The amendment is proposed under the Texas Agriculture Code, §71.002,
which provides the Texas Department of Agriculture with the authority to
establish quarantines against diseases and pests found within the state;
and §71.007, which authorizes the department to adopt rules necessary
for the protection of agricultural and horticultural interests.
The Texas Agriculture Code, Chapter 71, is affected by the proposed amendment.
§19.101. Quarantined Areas.
(a)
(No change.)
(b)
In addition to the areas described in subsection (a) of
this section, Brooks, Brown, Cameron, Delta, Dimmit, Duval, Ector, Hidalgo,
Jack, Jones, Kenedy, Kimble, Kinney, Lamar, La Salle, Mason, Maverick, McCulloch,
Midland, Montague, Palo Pinto,
Red River,
San
Saba, Stephens, Val Verde, Webb, Willacy, Young, and Zavala Counties in Texas
are quarantined areas.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618372
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 463-7583